The High Court of Delhi condoned a 31-day delay in filing an appeal against an interlocutory order recorded with consent and dismissed the appeal, finding no merit as no specific averment negated the recorded consent.
Delay of 31 days in filing the appeal is condoned; appeal is dismissed as it has no merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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M/S ZIHWA FOOD PVT LTD ..... Appellant
Represented by: Mr.Ashutosh Dubey, Advocate
versus
M/S G D FOODS MANUFACTURING ..... Respondent Represented by: Mr.Mohan Vidhani, Advocate with Mr.Ashish Singh, Advocate
CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 22.01.2016
CM No.11329/2015
For the reasons stated in the application delay of 31 days in filing the appeal is condoned.
The application is disposed of.
FAO (OS) No.330/2015
FAO (OS) No.330/2015
Page 1 of 4
FAO (OS) No.330/2015
Page 2 of 4
paragraph 11 a reference is made to the contents of the order dated September 10, 2014. In paragraphs 12, 13 and 14 it is pleaded that there was no occasion for the defendant to agree to such conditions.
CM No.11328/2015
Dismissed as not pressed.
FAO (OS) No.330/2015
Page 3 of 4
CM No.11327/2015
Dismissed as infructuous.
PRADEEP NANDRAJOG, J.
MUKTA GUPTA, J.
JANUARY 22, 2016 rb
FAO (OS) No.330/2015
Page 4 of 4
2 issues framed by the court
Whether the delay in filing the appeal should be condoned.
Whether the appellant established that the consent recorded in the impugned order was not given.
M/S ZIHWA FOOD PVT LTD
M/S G D FOODS MANUFACTURING
PRADEEP NANDRAJOG
MUKTA GUPTA
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
